ACLJ Gets Victory From Appeals Court: Washington State Engaged in Religious Discrimination.

Business Editors & Legal Writers

SEATTLE--(BUSINESS WIRE)--July 18, 2002

The American for Law and Justice, an international public interest law firm, said a decision today by a federal appeals court concluding that the state of Washington engaged in religious discrimination by denying a student a state scholarship represents a resounding victory for people of faith.

"This is a resounding victory for equal treatment of people of faith," said Jay Sekulow, Chief Counsel of the ACLJ, which challenged the actions of the state. "The state of Washington was clearly wrong and engaged in religious discrimination when it denied our client a state scholarship to study theology at a Christian college. This decision sends a strong message that religious exclusions will not be tolerated under the Constitution. A student should not be penalized financially for pursuing a degree in theology."

By a vote of 2-1, a panel of the U.S. Court of Appeals for the Ninth Circuit today ruled that the actions of the state of Washington were discriminatory and the state did not have "a compelling reason to withhold scholarship funds" from the student.

The ACLJ filed suit in January 2000 on behalf of 19-year-old Joshua Davey, a student at Northwest College in Kirkland, Washington. Davey majored in Pastoral Ministries and Business Management. He was awarded $1,125 for the 1999-2000 school year through the Promise Scholarship, which provided financial assistance to students from low and middle income families who exhibited high academic credentials and are enrolled in an accredited public or private post-secondary school within the state of Washington.

The suit contended Davey met all of the requirements for the scholarship, was notified by a letter from the Governor that he had received the scholarship, and then notified that the scholarship had been withdrawn when state officials cited a policy that said: "students who are pursuing a degree in theology are not eligible to receive any state-funded financial aid, including the new Washington Promise Scholarship."

A federal district court ruled against Davey in October 2000. The ACLJ appealed to the Ninth Circuit. And in today's decision, the federal appeals court said the state of Washington was wrong when it denied Davey the scholarship funds.

The appeals court said the state's policy "lacks neutrality on its face" and the appeals court concluded that the state "impermissibly deprived Davey of his scholarship."

"We are encouraged that the federal appeals court struck down this discriminatory treatment," said Sekulow. "It is clear that the state simply cannot single out a student and withhold state scholarship funds just because the student has decided to pursue religious studies. We are pleased that the appeals court determined what we have known all along - that the state's actions were not only wrong but unconstitutional as well."

The American Center for Law and Justice is an international public interest law firm specializing in constitutional law. The ACLJ is headquartered in Virginia Beach, VA and its web site address is www.aclj.org.